Felony Arrest

Tampa Felony Attorney

Florida Felony Classifications

Florida, like any state, has two criminal classifications: felony and misdemeanor. A felony is a crime that is punishable by more than one year imprisonment in a state prison. Generally, should a crime require less than one year imprisonment, it will be classified as a misdemeanor.

Some common felonies include: assault, battery, carjacking, homicide, incest, kidnapping, robbery, sexual battery, stalking and theft. Punishment for a felony can range between one year and death, depending on the felony and degree of the felony. Florida also classifies some crimes as a noncriminal violation. Noncriminal violations are punishable by a fine, forfeiture or civil remedy.

Florida has five degrees for felony offenses: Felony in the third degree, felony in the second degree, felony in the first degree, life felony and capital felony. A felony is classified based on the maximum penalty allowed by law should one be found guilty of the associated crime.

Felony in the Third Degree

A felony in the third degree is punishable by no more than five years imprisonment in a state prison and a fine of up to five thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Felony in the Second Degree

A felony in the second degree is punishable by no more than fifteen years imprisonment in a state prison and a fine of up to ten thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Felony in the First Degree

A felony in the first degree is punishable by no more than thirty years imprisonment in a state prison and a fine of up to ten thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Life Felony

A life felony is punishable by forty years to life imprisonment in a state prison and a fine of up to fifteen thousand dollars. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Capital Felony

A capital felony is punishable by death or life imprisonment with out the possibility of parole in a state prison. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court.

Burglaries

Burglery

In Florida, a person who goes into a building or vehicle owned by someone else intending to commit a crime, such as theft, can be charged with burglary. Some burglaries, such as armed burglaries and home invasion burglaries, can result in long prison sentences. People who go onto other people’s property without permission can also be charged with trespass, a less serious crime.

A person commits burglary in Florida by entering a dwelling (a place where people sleep), building, or vehicle without permission with the intent to commit a crime inside. A person can enter without permission either by breaking down a door, sneaking inside, or by obtaining permission by lying, such as a couple that says they need to use the phone, but really intend to commit a robbery.

In Florida, a person cannot burglarize property that is open to the public, so long as the defendant remains in the part of the property that is open. For example, a shoplifter who goes into a store has not committed burglary (only theft or attempted theft). But if a person goes into the employee break room, which is normally closed to the public, and steals, the person could be charged with theft and burglary.

Felony Batteries

In Florida, Felony Battery is any intentional and unconsented touching or striking, which results in great bodily harm to another person or which occurs after a previous conviction for battery. The offense is a third degree felony, with maximum penalties of up to 5 years in prison.

Although no two cases are the same, there are many defenses available to fight a charge of felony battery in Florida. Some of the more common defenses raised in these types of cases include the following:

• Self-Defense;
• Use of force in Defense of Others;
• Use of Force in Defense of Property;
• Consent or Mutual Combat;
• Stand Your Ground;
• Factual disputes about how the incident occurred;
• Vindictive ‘victim;’
• Injuries do not constitute ‘great bodily harm;’

Given the numerous defenses available in a Felony Battery prosecution, an attorney is a critical asset to protecting the rights of the accused and obtaining the best possible outcome in a case. No person should enter a plea to such a charge without first seeking the advice of competent counsel.

If you have been accused of Felony Battery, contact Cannella Criminal Law for a free consultation. Our attorneys handle cases throughout the Tampa Bay area.

Possession of Drugs (Narcotics)

Drug possession is an offense by someone who did not manufacture, distribute, or sell the controlled substance. Instead, the defendant likely held the controlled substance for personal use. Possession of most controlled substances specified by Florida state laws may be charged as a third-degree felony. Florida legislatures also recently added bath salts and spice to the list of banned substances. State law allows a first-degree misdemeanor charge for simple possession of cannabis — marijuana — in an amount less than twenty grams.

To establish the elements of drug possession, a Florida state prosecutor must show:

• The illegal nature of the controlled substance: The prosecutor must present evidence that the seized material is a controlled substance as defined by Florida law. This element generally requires scientific analysis by a crime lab.

• The defendant’s knowledge of the drug: The prosecutor must show that the defendant actually knew or should have known about the illicit nature of the controlled substance and its presence.

• The defendant’s control of the drug: The prosecutor must prove that the defendant had control over the location and presence of the controlled substance. A prosecutor likely has a more straightforward case if the defendant had the drugs on the defendant’s body or in a container held by the defendant.

However, the prosecutor can also establish the defendant’s control by describing the location where the drugs were found and showing that the defendant controlled the premises.

Possessions with Intent to Sell or Deliver

In Florida, possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third degree felony, depending on the type of substance involved. The maximum penalties for this offense may range from 5 to 15 years in prison.

Under Section 893.13(1)(a), Florida Statutes, it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis or cocaine.

A violation of this section can be classified as a second or third-degree felony, depending on the nature of the substance involved. Possession of cannabis (a Schedule 1 substance) with intent to sell, manufacture, or deliver is classified as third-degree felony while possession of cocaine (Schedule 2) with intent to sell is classified as a second-degree felony. Thus, depending on the facts of the case, an accused may face a maximum penalty of five years imprisonment or fifteen years imprisonment.

Trafficking Cases

If you have been arrested for trafficking you are facing a minimum – mandatory prison sentence of found guilty. The minimum mandatory sentences range from 3 years – 25 years in prison depending on the type of narcotics and amount you possessed.

Florida vigorously prosecutes individuals caught with trafficking amounts of drugs. And even though a person may not be a true “drug dealer” or is not high-up in a drug trafficking organization, the law requires the imposition of mandatory-minimum prison sentences.

Some of the most commonly charged crimes involving the illegal trafficking in drugs are:

• Trafficking in Cannabis 25 pounds or 300 plants
• Trafficking in Cocaine 28 grams
• Trafficking in Hydrocodone 14 grams
• Trafficking in MDMA (Ecstacy) 10 grams
• Trafficking in Methamphetamine (Crystal Meth or Meth) 1 kilogram
• Trafficking in Oxycodone 7 grams

These amounts are just the minimum amount needed to support a drug trafficking charge; as the amount increases, so does the potentially applicable minimum-mandatory sentence increase.

Robbery

The crime of Robbery in the State of Florida s a very serious crime in its various forms. If it is alleged that a firearm was possessed during the robbery, the accused will come under the 10-20-LIFE Statue (10 years for using a firearm, 20 years for discharging and 25 years to LIFE for possessing, discharging and striking someone.)

Under Florida Statute 812.13(1), the crime of Robbery, also referred to as Strong Arm Robbery, occurs when a person intentionally and unlawfully takes money or property from another person through the use of force, violence, assault, or threat.

In addition, to Strong Arm Robbery, a second-degree felony punishable up to 15 years in prison, Florida criminalizes the following variations of Robbery:

• Robbery by Sudden Snatching, third-degree felony, punishable by 5 years in prison,
• Robbery with a Weapon, first-degree felony, punishable by 30 years in prison,
• Robbery with a Deadly Weapon, first-degree felony, punishable LIFE in prison,
• Robbery with a Firearm, first-degree felony, punishable LIFE in prison,
• Home Invasion Robbery, first-degree felony, punishable LIFE in prison, and
• Carjacking, first-degree felony, punishable 30 years in prison,

It is a defense to the crime of Robbery if the taking of property occurred as an afterthought to the use of force or violence. (However, the taking may still constitute theft or Robbery by Sudden Snatching.)

For example, if two people got into a fight, resulting in one of the two being knocked out, it would not be Robbery to take the watch from the unconscious person’s wrist, because the taking of the watch was an afterthought that occurred after the fight had concluded. (Although it would constitute the lesser offense of Robbery by Sudden Snatching.)

Claim of Right Defense

Under Florida law, a forcible taking of property under a bona fide claim of right is not robbery where the taker has a good faith belief that he is the owner, or is entitled to immediate possession, of the property.

Homicide Cases

Homicide

Homicide is defined as the killing of one human being by another human being.

Though the words homicide and murder are used synonymously, the truth is the act of homicide is not always a crime, but the act of murder is.

Florida divides the illegal killing of a person into two categories of crimes:

Murder
• Murder in the First Degree
• Murder in the Second Degree
• Murder in the Third Degree
Manslaughter
• Manslaughter by Act (Voluntary Manslaughter)
• Manslaughter by Procurement (Voluntary Manslaughter)
• Manslaughter by Culpable Negligence (Involuntary Manslaughter)
• Aggravated Manslaughter of a Child (Involuntary Manslaughter)

The presence of Malice is the distinguishing characteristic that separates the crime of Murder from the crime of Manslaughter. [1]

Under the crime of Murder, a defendant must have intended to kill the victim or killed the victim out of ill will, hatred, or spite.

Under the crime of Manslaughter, a defendant need only have killed a person by an intentionally negligent act (Voluntary Manslaughter) or a recklessly negligent act (Involuntary Manslaughter).

Excusable Homicide

The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:

• When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
• When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
• When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.

Justifiable Homicide

The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
Self Defense

Also known as the justified use of deadly force, self defense is a defense to the crime of First Degree Murder. Please view the section on Self Defense in Florida for more information.

Theft & Fraud Cases

Representing clients accused of theft or fraud is a major component of our Tampa, Florida criminal practice. With the experience gained in hundreds of similar cases, the attorneys at Cannella Criminal Law have the practical and technical knowledge to fight an array of theft and fraud charges. Our case experience includes:

• Petit Theft
• Grand Theft
• Employee Theft
• Worthless Check
• Stopping Payment on a Check
• Dealing in Stolen Property
• Failure to Return Leased Property
• Welfare Fraud
• Giving False Information / Verification to a Pawnbroker
• Contracting Without a License

Sex Crimes

Cannella Criminal Law has experience in defending clients in the following sexually related crimes:

Rape

Rape is sexual intercourse that is forced on another without the person’s consent or against the person’s will.

Date Rape

Sexual assault that’s perpetrated by an acquaintance, such as a date, is still rape—but issues of proof sometimes make the cases hard to prove.

Sexual Assault

The term sexual assault, in lay person terms, usually refers to an attack on a person that is sexual in nature. The legal definition of this term actually differs, however, from state to state. In some states, sexual assault is synonymous with rape – forced sexual intercourse or sexual contact without consent – while other states have no crime known as sexual assault and instead define sexual conduct without consent as rape, criminal sexual penetration, criminal sexual contact and sexual battery.

Aggravated Sexual Assault

Sexual assault or rape refers to the crime of forcing sexual intercourse, sodomy or some form of sexual penetration on another, against the person’s will and without the person’s consent. Most, if not all states, define sexual penetration as penetration of the vagina with a part of the body or an object. Sodomy consists of oral sex (contact between a person’s mouth and genitalia) or penetration of the anus with a part of the body or an object.

Sex Offense Appeals

People who are convicted of crimes, including sex crimes, may want to appeal the verdict. During the appeals process, the convicted person asks an appellate court to review and overturn the judge or jury’s decision.

An appeal is not like another trial–defendants (now called appellants) do not get to present witnesses and re-argue the case in an attempt to convince the appellate judges that the prosecutor has failed to prove the case.

Instead, as explained more fully below, the appellant tries to show that the trial judge made procedural mistakes that resulted in an unfair trial, that the evidence was insufficient to support the verdict, or that the trial court lacked the jurisdiction (power) to hear the case. Winning an appeal on any of these grounds is an uphill battle, and most convictions are affirmed. But that does not mean that an appeal is not worth pursuing.

Incest

The crime of incest is committed when people who are related to one another engage in sexual activity, get married, or live together as man and wife. While the precise behavior that is considered incest varies across different states and cultures, almost all societies consider some forms of incest taboo, and laws reflect those beliefs. In the United States, child sexual abuse is always a crime, and incest between adults is a crime in all but a few states.

Public Lewdness

Public lewdness refers to indecent or obscene behavior in public. These laws protect society from public conduct considered immoral and inappropriate.

“Indecency” or “lewdness” usually includes an element of lustful or sexual indulgence on the part of the defendant. For example, engaging in sexual intercourse in a public place definitely satisfies this requirement. Other public sexual acts may also fall within the definition of lewd or indecent behavior. The level of sexual contact required, if any, varies by state. The exposure of private body parts, known as “flashing” or exhibitionism, also constitutes lewd behavior under many state statutes. But merely kissing in public probably does not.

Sexual Harassment at Work

Sexual harassment, if accomplished by acts that are crimes, can become a criminal matter.

Despite success in raising awareness of sexual harassment and changes in the law to address it more effectively, sexual harassment is still a widespread problem in workplaces in the U.S. It is illegal in the sense that it violates federal and state civil laws. But, is it ever also criminal? The answer is that some, but not all, acts of sexual harassment are also crimes

Indecent Exposure

In order to secure a conviction for indecent exposure, the prosecutor must produce evidence sufficient to prove to a judge or jury, beyond a reasonable doubt, the existence of specific components of the offense. These components, called the “elements” of the offense, vary by state, but usually include the following:

• Exposure of private body parts. Whether a state’s law uses the term “private parts” or some other term, it usually refers to male and female genitals, male and female buttocks, and female breasts. However, exposure of the buttocks alone is not sufficient in some states.
• Exposure that is willful. This means the person must intend the exposure of private parts. For example, if a person jumps into a swimming pool and the force of the water on the bathing suit causes an accidental and unintended exposure, this requirement would not be satisfied.
• Exposure in a public place. Retail establishments and outdoor areas, whether publicly or privately owned, are examples of public places. A bedroom inside a home, not visible to those outside the home, is an example of a place that is not a public place. Other examples are explained below.
• Exposure in the presence of another. To be guilty of this offense, another person must have been within sight.

Guns & Weapons Charges

Throughout the State of Florida, weapons crimes are among the most fiercely prosecuted of all criminal offenses. Florida law mandates harsh minimum mandatory prison sentences for numerous types of weapons-related charges. The 10/20/Life provisions of Section 775.087 mandates prison for no less than 17 types of offenses committed while in possession of a firearm. Defendants convicted of such charges receive 10 years if they merely possessed a firearm during the crime, 20 years for discharge of a firearm during the crime and a life sentence for killing or inflicting injury with a gun during the crime.

Norman Cannella Jr. has a broad range of experience handling weapon and gun charges in Florida. Our major practice areas include:

Carrying a Concealed Weapon
Improper Exhibition of a Firearm or Weapon
Carrying a Concealed Firearm
Discharging a Firearm in Public
Shooting or Throwing Deadly Missiles

If you have been arrested for any offense involving a weapon or firearm, contact experienced Tampa Florida attorney Norman Cannella Jr. to discuss your case.

Habitual Felony Offender

Florida Sentencing Enhancements

The Florida legislature has determined that repeat offenders should be exposed to enhanced penalties and has created the following sentencing designations to increase the range of penalties repeat offenders can face.

• Habitual Felony Offender
• Habitual Violent Felony Offender
• Violent Career Criminal
• Prison Releasee Reoffender

Habitual Felony Offender

A person is eligible to be classified as a habitual felony offender if the court finds that:

• The offender has been previously convicted of a combination of two (2) or more felonies or qualified offenses.
• The current felony the offender is to be sentenced for was committed while the offender was in prison for a prior conviction of a felony or other qualified offense or within five years of the date of the last prior felony or other qualified offense conviction or within five years of release from prison or other commitment.
• The current felony the offender is to be sentenced for and one of the two prior convictions does not fall under Section 893.13, Florida Statutes (Purchase or possession of a controlled substance).

Habitual Violent Felony Offender

A person is eligible to be classified as a habitual felony offender if the court finds the following two things.

The offender has a previous, separate conviction (not pardoned or set aside), for a felony, attempted felony, or conspiracy to commit a felony and one or more of these convictions were for either:
• Aggravated Abuse of the Elderly or Disabled
• Aggravated Assault
• Aggravated Child Abuse
• Aggravated Manslaughter of the Elderly or Disabled
• Aggravated Manslaughter of a Child
• Aggravated Battery
• Aggravated Stalking
• Armed Burglary
• Arson
• Kidnapping
• Murder
• Manslaughter
• Robbery
• Sexual Battery

Violent Career Criminal

To be classified as a violent career criminal, the court must find 3 things: three or more previous, separate adult convictions (not pardoned/set aside) for offense or other qualified offense that is:
• Aggravated Abuse of the Elderly or Disabled §825.102(2)
• Aggravated Child Abuse §827.03(2)
• Aggravated Stalking §784.048(3) & (4)
• Escape §944.40
• Felony use or possession of a Firearm §790
• Forcible Felony §776.08
• Lewd and Lascivious Conduct §800.04
• The Defendant has been incarcerated in state or federal prison; and
• Felony to be sentenced for is an enumerated offense AND was committed on or after 10/1/95 AND while serving sentence for conviction of enumerated offense; OR within 5 yrs of date of conviction or release for enumerated offense.

Prison Releasee Reoffender

To be classified as a Prison Releasee Reoffender, the court must find two (2) things: while serving a sentence of imprisonment, while on escape status, or within three years of release from prison, the Defendant attempted or committed any of the following offenses:

• Aggravated Assault
• Aggravated Battery
• Aggravated Stalking
• Aircraft Piracy
• Armed Burglary
• Arson
• Burglary of an Occupied Structure or Dwelling
• Carjacking
• Home-Invasion Robbery
• Kidnapping
• Manslaughter
• Murder
• Robbery
• Sexual Battery
• Throwing, Placing, or Discharging, a Destructive Device
• Treason
• Any felony involving use or threat of physical force/violence
• Throwing, Placing, or Discharging, a Destructive Device

The current felony to be sentenced for is an enumerated offense and was committed while serving a sentence for a conviction of an enumerated offense or within five years of the date of conviction or release for an enumerated offense.

Violent Career Criminal

• Aggravated Abuse of the Elderly or Disabled
• Aggravated Child Abuse
• Aggravated Stalking
• Escape
• Felony use or possession of a Firearm
• Forcible Felony
• Lewd and Lascivious Conduct
• The Defendant has been incarcerated in state or federal prison; and
• Felony to be sentenced for is an enumerated offense AND was committed on or after 10/1/95 AND while serving sentence for conviction of enumerated offense; OR within 5 yrs of date of conviction or release for enumerated offense.